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(4) A written record of complaint proceedings finalised in terms of this Rule consists of
(a)
the response of the telecommunication service provider against which the informal
consumer complaint was filed; and
(b)
a Final Disposition Statement.
Complaint Proceedings
22. (1) The Authority may in its discretion
(a)
order that a hearing be held to address a consumer complaint;
(b)
order that parties to consumer complaint proceedings file additional pleadings or
statements, or undertake discovery proceedings including briefs, written interrogatories and
other supplementary documents or pleadings;
(c)
investigate the matters raised in the consumer complaint in any manner allowed by the Act,
including permitting evidence to be adduced, summoning and examining witnesses, and
ordering the production of any books or documents or objects as it may deem necessary;
and
(d)
expedite the treatment of any consumer complaint in order to address emergency matters
affecting the safety or health to a consumer including but not limited to the consumer’s
access to emergency telephone services.
(2) A claim defence or requested remedy including damages shall be pleaded fully and with specificity
(3) Pleadings shall
(a)
be clear concise and explicit; and
(b)
contain facts that are supported by relevant documentation or affidavit and are sufficient to
constitute a violation of:
(i)
the Act;
(ii)
an Authority order;
(iii)
a telecommunication service operators or providers licence or tariff; or
(iv)
a defence to such alleged violation
(4) Legal arguments shall be supported by appropriate judicial legislative, or regulatory authority and
opposing authorities shall be distinguished.
(5) Copies shall be provided of all authorities relied upon.
(6) Specific reference shall be made to any licence provision or tariff provision relied upon in support of a
complaint or defence and copies of relevant portions of tariffs and licenses that are referred to or relied
upon in a complaint or answer shall be attached to the complaint answer or other pleadings in which they
are referenced.
(7) A joint statement of stipulated facts, disputed facts and key legal issues shall also be filed in the record if
each party to the action is represented by counsel or if the Authority so orders.